https://www.taxtmi.com/caselaws?id=304041 Delay in refiling an application for leave to defend is treated differently from delay in the initial filing and is not assessed with the same strictness as delay under the general limitation rule. Where the original filing delay had already been condoned, the remaining defects were only procedural and related to rectification and refiling, with no mala fides shown. A casual approach by counsel did not justify denial of relief altogether; instead, the proper course was to protect the respondent by awarding costs. The delay in refiling was therefore condoned on payment of costs, and the appeal succeeded. en-us Thu, 14 May 1998 00:00:00 +0530 Sat, 03 Sep 2022 13:10:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304041 Delay in refiling an application for leave to defend is treated differently from delay in the initial filing and is not assessed with the same strictness as delay under the general limitation rule. Where the original filing delay had already been condoned, the remaining defects were only procedural and related to rectification and refiling, with no mala fides shown. A casual approach by counsel did not justify denial of relief altogether; instead, the proper course was to protect the respondent by awarding costs. The delay in refiling was therefore condoned on payment of costs, and the appeal succeeded. Case-Laws Indian Laws Thu, 14 May 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304041